Court : Delhi
Decided on : Aug-08-2008
Reported in : 154(2008)DLT346
Manmohan Singh, J.1. This Appeal has been filed against the impugned order dated 23rd July 2001 passed by the learned Single Judge of this Court in I.A. No. 2467 and 2468 of 2000 in Suit No. 2480/98 whereby the application of the Defendant under Order 7 Rule 11 read with Section 151 CPC was allowed and the plaint as such was rejected mainly on the ground that the suit is barred by strict provisions and rigours of Sub-section (1) of Section 86 of the Code of Civil Procedure and the suit is not maintainable under Order 7 Rule 11(d) of Code of Civil Procedure.2. In the nutshell, brief facts for deciding the appeal are that on 12th November, 1996, there was a mid air collision of Saudi Arabian Airlines Boeing 747 ( flight SV 763) with Kazakistan Airlines near Charkhi Dadri, Haryana. One Ms. Farah Mumtaz was a passenger on board of Saudi Arabian Airlines. She died as a result of the said collision. The plaintiffs are the legal heirs of deceased Farah Mumtaz and claim compensation and damage...
Tag this Judgment!Court : Rajasthan
Decided on : Dec-15-2008
Reported in : RLW2009(2)Raj1711
Mahesh Bhagwati, J.1. Challenge in this appeal is to the judgment dated 4th May 1987, rendered by the Sessions Judge, Jhalawar whereby the accused appellant Mangi Lal was convicted in the offence under Section 334 of IPC and released on probation of good conduct.2. The factual matrix of the prosecution case is that in the evening of 22nd April, 1983, the complainant PW/1 Harlal, the appellant Mangi Lal and Kedar Lal ASI left for Gadhi (Madhya Pradesh) in connection with the investigation of case No. 21/83 under Section 379 of IPC. They had to take along with them the complainant Bapu Lal also of that case. So, they first reached at village Semly Chauhan to collect him. It is alleged that at the instance of Bapu Lal they haulted at Semly Chauhan to have the dinner. It is alleged that during conversation Har Lal and the appellant Mangi Lal entered into jokes. After some time the appellant Mangi Lal got angry and started threatening to kill him with knife. It is stated that when they were...
Tag this Judgment!Court : Guwahati
Decided on : Feb-14-2008
..... in section 160(1) of the regulations and such persons are the cultivators belonging to plains tribals, hills tribes, tea garden tribals, santhals, scheduled castes, nepali cultivator - graziers. that being the position, the action of the authorities by keeping in mind the constitutional scheme, the necessary provisions having made for adequate ..... sub-section (l) of the said section of the regulation.cultivators pertaining to the following classes, namely plains tribals, hill tribes, tea garden tribals, santhals, nepali cultivator - graziers and scheduled caste.sd/- s.j. duncan,secy to the govt. of assam, finance& revenue department.14. after issuance of the aforesaid notification ..... and occupation of other classes of persons as enumerated in the notification dated 5.12.1947, namely plains tribals, hill tribes, tea garden tribals, santhals and nepali cultivator - graziers. in view of the aforesaid facts situation, the submissions made by mr. deka has no legs to stand. consequently, i have no .....
Tag this Judgment!Court : Kolkata
Decided on : Apr-11-2008
Reported in : 2008(3)CHN701
..... , owner of ghoognee/chowmin shop, deposed that on 14th june, 2002 at about 4.30 p.m. in front of his shop, a person was stabbed. the victim was a nepali. p.w. 2 turned hostile. he was suggested, in cross-examination on behalf of the prosecution, made by permission of court, that he had told the police that the accused ..... came out of my shop and found someone lying being injured by stabbing. i found another man running away with knife in his hand towards dharmasala. the victim was a nepali young man and the man who fled away was seen by me from the back side. over the incident i was examined by the police and i stated the facts .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Feb-08-2008
Reported in : 2008(1)ALD(Cri)712; 2008(3)ALT74; 2008(2)ALT(Cri)339; 2008CriLJ3432; 2008(2)KLT941
..... /o. late jasbeen singh sadana has submitted a representation stating that her husband sardar jasbeen singh sadana was brutally murdered by his brother pramjit singh sadana (a1) along with his nepali servants a2 to a5 on the intervening night of 27/28.04.2006 at her residence. she also stated that the entire case depends on circumstantial evidence and the police ..... complainant alleged that her husband sri jasbir singh was murdered on the intervening night of 27/28.04.2006, and she suspected her servants namely a2 to a5, who are nepalies, to be the culprits. during the course of investigation, she gave a statement that she suspected that the brother of the deceased (petitioner in w.p. no. 21851 of 2007 .....
Tag this Judgment!Court : House of Lords
Decided on : Jul-30-2008
LORD HOPE OF CRAIGHEAD My Lords, 1. The question in this case is whether a local authority can obtain a summary order for possession against an occupier of a site which it owns and has been used for many years as a gipsy and travellers’ caravan site. His licence to occupy the site has come to an end. He has no enforceable right to remain there under English property law. But he claims that his removal would violate his rights under article 8 of the European Convention on Human Rights. The facts 2. The local authority, the respondent, is the freeholder of the site which is known as the Travellers’ Site, Tameside Drive, Castle Vale, Birmingham. The site comprises 16 concrete stands for caravans and four ablution blocks. The appellant was granted a licence by the respondent to station a caravan on plot 12 in September 1987. His licence was extended to include plot 14 in November 1998. He and his family had been resident on the site for about 17 years when on 4 March 2004 the ...
Tag this Judgment!Court : SEBI Securities and Exchange Board of India or Securities Appellate Tribunal SAT
Decided on : Jan-11-2008
1. Shri Dilip S. Pendse (hereinafter referred to as 'Shri Pendse') is the former Managing Director of Tata Finance Limited (hereinafter referred to as 'TFL'). Mrs Anuradha Pendse (hereinafter referred to as 'Mrs. Pendse'), wife of Shri Pendse, was one of the Directors of M/s Nalini Properties Pvt. Ltd. (hereinafter referred to as 'NPPL'), a company controlled by Mrs Pendse and father of Shri Pendse. Dr. Anjali Beke is acquaintance and close associate of Shri Pendse. M/s Indian Emerging Company Investment Ltd. (hereinafter referred to as 'IECIL') is a subsidiary of M/s Niskalp Investments & Trading Company Ltd. (hereinafter referred to as 'Niskalp'), which is a subsidiary of TFL.2. Upon receiving a complaint from TFL, a copy of which was also received from Joint Parliamentary Committee, SEBI initiated an investigation interalia into the alleged insider trading by Shri Pendse and his relatives/associates/friends.3. The investigations revealed that Shri Pendse by virtue of being the ...
Tag this Judgment!Court : Kolkata
Decided on : Aug-07-2008
Reported in : (2008)IVCALLT5(HC)
..... or union territory in india on the date of advertisement for the examination; (iv) ability to read, write and speak in bengali (not required for recruitment in the case of nepali speaking candidates from hill areas of the district of darjeeling).10. mr. arunava ghosh, appearing as learned counsel for the writ petitioner, first invited attention of the court to the .....
Tag this Judgment!Court : House of Lords
Decided on : Dec-10-2008
LORD HOFFMANN My Lords, 1. For my part, I would have been content to dismiss these appeals for the reasons given by Carnwath LJ in his lucid and convincing judgment. But since your Lordships are minded in one respect to differ from his analysis, I must explain why on this point I regretfully feel obliged to dissent. For this purpose, I gratefully adopt the recital of the facts and statutory provisions in the speech to be delivered by my noble and learned friend Lord Neuberger of Abbotsbury, which I have had the advantage of reading in draft. 2. The Leasehold Reform Act 1967 provided in section 9 that the price payable for the house should be the amount which, on certain specified assumptions, it would be expected to realise if sold on the open market. The open market means everyone who could reasonably be expected to be interested in buying. Among these potential purchasers there will sometimes be one or more to whom the property would be worth more than to others. In IRC v Clay [1914]...
Tag this Judgment!Court : House of Lords
Decided on : Mar-12-2008
LORD HOPE OF CRAIGHEAD My Lords, 1. The issue in this case is whether the Commissioners can maintain a civil claim for damages under the tort of unlawful means conspiracy against a participant in a missing trader intra-community, or carousel, fraud. Two questions need to be considered. The first is whether it is open to the Commissioners to maintain a cause of action in damages at common law as a means of recovering VAT from a person who has not been made accountable or otherwise liable for that tax by Parliament. The second is whether, if so, it is an essential requirement of the tort of unlawful means conspiracy that the conduct which is said to amount to the unlawful means should give rise to a separate action in tort against at least one of the conspirators. 2. On the second issue the Court of Appeal considered itself bound by prior Court of Appeal authority to hold that the unlawful means had to be independently actionable: [2007] EWCA Civ 39, paras 78-79. Its decision to strike ...
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